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Divorce Act, 1979 (Act No. 70 of 1979)

3. Dissolution of marriage and grounds of divorce

 

A marriage, including a Muslim marriage, may be dissolved by a court by a decree of divorce and the only grounds on which such a decree may be granted are—

[Words preceding section 3(a) substituted by section 2 of the Divorce Amendment Act, 2024, Notice No. 4821, GG50651, dated 14 May 2024]

(a) the irretrievable break-down of the marriage as contemplated in section 4;
(b) the mental illness or the continuous unconsciousness, as contemplated in section 5, of a party to the marriage.